The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1887-11-25
THE MOTION
.a1a, - Rad ana IL Long iNam.
nation hnd III" Rt-uit 80
Zoe. Given To day

hr Given To day
Through some misunderstanding
,o,geen Judge John n. Henderson
ami ,cytraI lawyers, n number o.
ro Gentlemen and officers waited
auc time i'm the district court room
n, Wedue day night, suppOsing THAI
II f,1ge Anderson would hear the ar
Il ,nmput in the motion for a new trial
II, ,be ease OF w. IL. Ormail, who u
Esw DAYS ngO was convicted OF muir
in the second degree and sentenc-
jtotiSe years IN the peuitentiarv.
nckiy for INN, The ENAMINER man
Essrd Judge llenueTsUn till District
trerk Bensicy about $3.50 o'clock ON
|Weduesday evening that the case
vouid not be argued, and he, cOnse
cueutY WIS net among the. disap
LroIuted party
NJ Nu,oD !,s,e'uay the attorneys
Efor the .laic and The defendant were
all ~ TIE ui.aIct court room and
fNCspsin Herring, of the counsel for
road "c papers containing
The notion Tor anew trlaltor the de
Il ,eodsnt. ! he motion was based upon
Nm alleged remarks Of II Juror ~ j.
EAlcCreaiyl before the trial, who it is
ssil. remarhcd that Iii he GOT OH the
iuY in toe Ornan case, he would
him here were several other
OF error, even IN ALI, upon
Exmca the lrcuOn was asked, but the
E.tged Remark of juror McCreart
Framed the most important and was
M handled by the prisoners COUNSEL.
The ahldaNIls of Messrs. w. ;. Gin
tp and u l.. iiarris were then read,
which they testified 10 having
igdlht s. aid +. McCrcary say thai
t.s got On the jury, he would hang
N-M
ggther ground upon which the
fEona tor new trial was made
H. ~ fact that the verdict
b the jury was made
E5ic by communication i'll
Il. Dalla, News from its Waco CORES
tudout MIR Nj. b. Davis before the
.krdict was rendered by the jur to
Re court here. Among the other
|htnessrs examined was Mr.. Davis, the
|mrresp oudent referred to. who made
hfiduvlt that IN regard to the publ
|atiom OF the .yerd!ct in the News.
mat il WAS purely guess wU.k with
him Us to Whether the jury woulu
hold Out IN the agreement arrived ~,
h. he had meyer communicated
witn any of tie jurors or wish any
pne else who Lad, but that the mat
~ was strictly "a piece OF guess work,
4 That extent On Il
rther examination by Judge
oIge Ozark and Messrs. Herring "
I! MIR. Davis said that he had
rd the verdict through the keyho'e
Al ne was laying ON settce near
jury room door when the jury
Aled thelr agreement and had oh
a inc Verdlct IN mat way.
tuty oherin Dan ford being eX
laed SAID he was III charge
le Orllsh jury mat he saw Mr..
aVh III the court house. That Mr..
NH was sl'ting AT the mead OF the
lAlh ana on a bench. l)id not think
TA' cIoso enough TO 'he Key hole
nave 'eArd inc verdict II 1t mad
el arrived at Dld not think Mr..
H'h Was DONG or could do any
m nat lie Mr. Oru) renamed |
W the jury until ne locked |
a W III me man court room TO |
bed, and that then Mr.. Davis |
Nor home
III stark West, one of the jurors,
eaAeu That the verdict was agreed |
only llteen minutes before being |
mauereu to the court, which WAS at
va III, OIL me day of publication.
WI L. D. McCreary made affidavit |
~. AZ ne remembered the conyersa-
~ a. WIN ", ;. Clinton and |
L. Harris. That the con
NJ. Narration was held before the